HomeMy WebLinkAboutresolution.council.098-09RESOLUTION # +O
(Series of 200
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND ASPEN GYMNASTICS LLC SETTING FORTH
THE TERMS AND CONDITIONS REGARDING THE OPERATION OF THE
RED BRICK GYM GYMNASTIC PROGRAM AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Aspen Gymnastics LLC, a copy of
which contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Aspen Gymnastics LLC regarding the
operation of the Red Brick Gym Gymnastic Program a copy of which is annexed
hereto and incorporated herein, and does hereby authorize the City Manager of the
City of Aspen to execute said contract on behalf of the City of Aspen.
Dated: / L~4-TJ 2/jc~.¢..PJ ~~
~~
Mic ael C. Ire d, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting held November 23, 2009.
J
K yn S. Koch, City Clerk
EXHIBIT "A"
CITY OF ASPEN
FOR
SERVICE AGREEMENTS
These General Conditions have been prepared by the City of Aspen to be incorporated by
reference into Service Agreements entered into between service providers ("Contractor") and the
City of Aspen ("City"). The provisions herein may be interrelated with standard provisions of the
Service Agreement customarily used by the City of Aspen to contract for services. A change in one
document may necessitate a change in the other.
Any amendments to the following terms and conditions mutually agreed to by the
Contractor and the City shall be specifically noted on the Service Agreement.
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1. Completion. Contractor shall commence the provision of services as described
in the Service Agreement in a timely manner. Upon request of the City, Contractor shall
submit, for the City's approval, a schedule for the performance of Contractor's services
which shall be adjusted as required. This schedule, when approved by the City, shall not,
except for reasonable cause, be altered by the Contractor.
2. Payment. In consideration of the services provided, Contractor shall pay the
amounts set forth in the Service•Agreement.
3. Non-Assienability. Both parties recognize that this contract is one for personal
services and cannot be transferred, assigned, or sublet by either party without prior
written consent of the other. Sub-Contracting, if authorized, shall not relieve the
Contractor of any of the responsibilities or obligations under this agreement. Contractor
shall be and remain solely responsible to the City for the acts, errors, omissions or neglect
of any subcontractor's officers, agents and employees, each of whom shall, for this
purpose be deemed to be an agent or employee of the Contractor to the extent of the
subcontract. The City shall not be obligated to pay or be liable for payment of any sums
due which may be due to any subcontractor unless agreed to in writing beforehand by the
City.
4. Termination. The Contractor or the City may terminate this Agreement upon
thirty (30) days notice, without specifying the reason therefore, by giving notice, in writing,
addressed to the other party, specifying the effective date of the termination.
The City shall have the right to terminate the Service Agreement upon three (3) days notice
if Contractor fails to comply with the terms and conditions set forth in Sections 1, 3, 5, 6, 7,
10, 13, 14, 16, 19 or 21. For breach of any other term and condition of the Service Agree-
ment, City may terminate the Service Agreement with ten (30) days prior notice to cure
and failure by Contractor to so cure.
No compensation shall be earned after the effective date of the termination. Notwith-
standingthe above, Contractor shall not be relieved of any liability to the City for damages
sustained by the City by virtue of any breach of this Agreement by the Contractor, and the
City may withhold any payments to the Contractor for the purposes of set-off until such
time as the exact amount of damages due the City from the Contractor may be
determined.
5. Covenant Asainst Contineent Fees. The Contractor warrants that s/he has not
been employed or retained any company or person, other than a bona fide employee
working for the Contractor, to solicit or secure this contract, that s/he has not paid or
agreed to pay any company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gifts or any other consideration contingent
upon or resulting from the award or making of this contract.
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6. Equipment. Materials and Supplies. Unless otherwise agreed to by the City,
Contractor shall acquire, provide, maintain, and repair at Contractor's expense such
equipment, materials, supplies, etc., as necessary for the proper conduct of the services to
be provided in accordance with the Service Agreement. (The City agrees to provide and
maintain the equipment identified in attachment "A" under this contract)
7. Contract Monitorins. Contractor agrees to allow City to reasonably monitor the
services to be provided in accordance with the Service Agreement.
8. Independent Contractor Status. It is expressly acknowledged and understood by
the parties that nothing contained in this agreement shall result in, or be construed as
establishing an employment relationship. Contractor shall be, and shall perform as, an
independent contractor who agrees to use his or her best efforts to provide the said
services on behalf of the City. No agent, employee, or servant of Contractor shall be, or
shall be deemed to be, the employee, agent or servant of the City. City is interested only in
the results obtained under this contract. The manner and means of conducting the work
are under the sole control of Contractor. None of the benefits provided by City to its
employees including, but not limited to, workers' compensation insurance and
unemployment insurance, are available from City to the employees, agents or servants of
Contractor. Contractor shall be solely and entirely responsible for its acts and for the acts
of Contractor's agents, employees, servants and subcontractors during the performance of
this contract. Contractor shall indemnify City against all liability and loss in connection
with, and shall assume full responsibility for payment of all federal, state and local taxes or
contributions imposed or required under unemployment insurance, social security and
income tax law, with respect to Contractor and/or Contractor's employees engaged in the
performance of the services agreed to herein.
9. Indemnification. Contractor agrees to indemnify and hold harmless the City, its
officers, employees, insurers, and self-insurance pool, from and against all liability, claims,
and demands, on account of injury, loss, or damage, including without limitation claims
arising from bodily injury, personal injury, sickness, disease, death, property loss or
damage, or any other loss of any kind whatsoever, which arise out of or are in any manner
connected with this Service Agreement, if such injury, loss, or damage is caused in whole or
in part by, or is claimed to be caused in whole or in part by, the act, omission, error, profes-
sionalerror, mistake, negligence, or other fault of the Contractor, any subcontractor of the
Contractor, or any officer, employee, representative, or agent of the Contractor or of any
subcontractor of the Contractor, or which arises out of any workmen's compensation claim
of any employee of the Contractor or of any employee of any subcontractor of the
Contractor. The Contractor agrees to investigate, handle, respond to, and to provide
defense for and defend against, any such liability, claims or demands at the sole expense of
the Contractor, or at the option of the City, agrees to pay the City or reimburse the City for
the defense costs incurred by the City in connection with, any such liability, claims, or
demands. The Contractor also agrees to bear all other costs and expenses related thereto,
including court costs and attorney fees, whether or not any such liability, claims, or
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demands alleged are groundless, false, or fraudulent. If it is determined by the final
judgment of a court of competent jurisdiction that such injury, loss, or damage was caused
in whole or in part by the act, omission, or other fault of the City, its officers, or its
employees, the City shall reimburse the Contractor for the portion of the judgment
attributable to such act, omission, or other fault of the City, its officers, or employees.
10. Contractor's Insurance. (a) Contractor agrees to procure and maintain, at its
own expense, a policy or policies of insurance sufficient to insure against all liability, claims,
demands, and other obligations assumed by the Contractor pursuant to Section 9 above.
Such insurance shall be in addition to any other insurance requirements imposed by the
Service Agreement or by law. The Contractor shall not be relieved of any liability, claims,
demands, or other obligations assumed pursuant to Section 9 above by reason of its failure
to procure or maintain insurance, or by reason of its failure to procure or maintain
insurance in sufficient amounts, duration, or types.
(b) Contractor shall procure and maintain Workmen's Compensation insurance
to cover obligations imposed by applicable laws for any employee engaged in the
performance of work under the Service Agreement, and Employers' Liability insurance with
minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident,
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease -policy limit, and FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease -each employee. Evidence of
qualified self-insured status may be substituted for the Workmen's Compensation
requirements of this paragraph.
(c) If the Service Agreement requires any insurance in addition to that referenced
above at subsections (a) and (b), or a particular type of coverage, Contractor shall procure
and maintain, and shall cause any subcontractor of the Contractor to procure and
maintain, the minimum insurance coverage referenced in the Service Agreement. All
insurance coverage shall be procured and maintained with forms and insurance acceptable
to the City. All coverage shall be continuously maintained to cover all liability, claims,
demands, and other obligations assumed by the Contractor pursuant to Section 9 above. In
the case of any claims-made policy, the necessary retroactive dates and extended
reporting periods shall be procured to maintain such continuous coverage.
(d) The policy or policies required above shall be endorsed to include the City and
the City's officers and employees as additional insureds. Every policy required above shall
be primary insurance, and any insurance carried by the City, its officers or employees, or
carried by or provided through any insurance pool of the City, shall be excess and not
contributory insurance to that provided by Contractor. No additional insured endorsement
to the policies required above shall contain any exclusion for bodily injury or property
damage arising from completed operations. The Contractor shall be solely responsible for
any deductible losses under any policy required above.
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(e) The certificate of insurance provided by the City shall be completed by the
Contractor's insurance agent as evidence that policies providing the required coverage,
conditions, and minimum limits are in full force and effect, and shall be reviewed and
approved by the City prior to commencement of the contract. No other form of certificate
shall be used. The certificate shall identify the Service Agreement and shall provide that the
coverage afforded under the policies shall not be canceled, terminated or materially
changed until at least thirty (30) days prior written notice has been given to the City.
(f) Failure on the part of the Contractor to procure or maintain policies providing
the required coverage, conditions, and minimum limits shall constitute a material breach
of contract upon which City may terminate the Service Agreement as provided by Section 4
above, or at its discretion City may procure or renew any such policy or any extended
reporting period thereto and may pay any and all premiums in connection therewith, and
all monies so paid by City shall be repaid by Contractor to City upon demand, or City may
offset the cost of the premiums against monies due to Contractor from City.
(g) City reserves the right to request and receive a certified copy of any policy and
any endorsement thereto.
(h) The parties hereto understand and agree that City is relying on, and does not
waive or intend to waive by any provision of this contract, the monetary limitations
(presently $150,000.00 per person and $600,000 per occurrence) or any other rights,
immunities, and protection provided by the Colorado Governmental Immunity Act, Section
24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its
officers, or its employees.
11. City's Insurance. The parties hereto understand that the City is a member of
the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in
the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the
City of Aspen Finance Department and are available to Contractor for inspection during
normal business hours. City makes no representations whatsoever with respect to specific
coverage offered by CIRSA. City shall provide Contractor reasonable notice of any changes
in its membership or participation in CIRSA.
12. Waiver of Presumption. The Service Agreement was negotiated and reviewed
through the mutual efforts of the parties hereto and the parties agree that no construction
shall be made or presumption shall arise for or against either party based on any alleged
unequal status of the parties in the negotiation, review or drafting of the Service
Agreement.
13. Certification Reeardins Debarment, Susaension, Ineligibility. and Voluntary
Exclusion. Contractor certifies, by acceptance of the Service Agreement, that neither it nor
its principals is presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from participation in any transaction with a Federal or
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State department or agency. It further certifies that prior to submitting its Bid that it did
include this clause without modification in all lower tier transactions, solicitations,
proposals, contracts and subcontracts. In the event that vendor or any lower tier
participant was unable to certify to this statement, an explanation was attached to the Bid
and was determined by the City to be satisfactory to the City.
14. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of
Interest. Contractor warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Contractor for the
purpose of securing business.
Contractor agrees not to give any employee or former employee of the City a
gratuity or any offer of employment in connection with any decision, approval,
disapproval, recommendation, preparation of any part of a program requirement or a
purchase request, influencing the content of any specification or procurement standard,
rendering advice, investigation, auditing, or in any other advisory capacity in any
proceeding or application, request for ruling, determination, claim or controversy, or other
particular matter, pertaining to this Agreement, or to any solicitation or proposal
therefore.
Contractor represents that no official, officer, employee or representative of the
City during the term of the Service Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in the Service Agreement or the proceeds thereof, except those
that may have been disclosed at the time City Council approved the execution of the
Service Agreement.
In addition to other remedies it any have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel the Service Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Contractor,
vendor, orsub-contractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise
recover, the value of anything transferred or received by the
Contractor; and
4. Recover such value from the offending parties.
15. Termination for Default or for Convenience of Citv. The services contemplated
by the Service Agreement may be canceled by the City prior to acceptance by the City
whenever for any reason and in its sole discretion the City shall determine that such
cancellation is in its best interests and convenience.
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16. Fund Availability. Financial obligations of the City payable after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted and
otherwise made available. If the Service Agreement contemplates the City utilizing state or
federal funds to meet its obligations herein, the Service Agreement shall be contingent
upon the availability of those funds for payment pursuant to the terms of the Service
Agreement.
17. Citv Council Approval. If the Service Agreement requires the City to pay an
amount of money in excess of $25,000.00 it shall not be deemed valid until it has been
approved by the City Council of the City of Aspen.
18. Notices. Any written notices as called for herein may be hand delivered or
mailed by certified mail, return receipt requested to the respective person or address listed
for the Contractor in the Service Agreement.
19. Non-Discrimination: penalty. No discrimination because of race, color, creed,
sex, marital status, affectional or sexual orientation, family responsibility, national origin,
ancestry, handicap, or religion shall be made in the employment of persons to perform
services under this contract. Contractor agrees to meet all of the requirements of City's
municipal code, Section 13-98, pertaining to non-discrimination in employment.
20. City of Aspen Procurement Code. Notwithstanding anything to the contrary
contained herein or in the Contract Documents, the Service Agreement shall be subject to
the City of Aspen Procurement Code, Chapter 3 ofthe Aspen Municipal Code.
21. Compliance With All Laws and Re,;ulations. Contractor shall give all notices and
comply with all laws, regulations, and ordinances applicable to the provision of the services
contemplated by the Service Agreement. Contractor shall obtain all necessary business
licenses and permits, and shall pay all requisite occupation taxes levied by the City of Aspen
upon persons engaged in business within the City limits.
22. Waiver. The waiver by the City of any term, covenant, or condition hereof shall
not operate as a waiver of any subsequent breach of the same or any other term. No term,
covenant, or condition of the Service Agreement can be waived except by the written
consent of the City, and forbearance or indulgence by the City in any regard whatsoever
shall not constitute a waiver of any term, covenant, or condition to be performed by
Contractor to which the same may apply and, until complete performance by Contractor of
said term, covenant or condition, the City shall be entitled to invoke any remedy available
to it under the Service Agreement or by law despite any such forbearance or indulgence.
23. Execution of Service Agreement by City. The Service Agreement shall be
binding upon all parties hereto and their respective heirs, executors, administrators,
successors, and assigns. Notwithstanding anything to the contrary contained herein, the
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Service Agreement shall not be binding upon the City unless duly executed by the City
Manager of the City of Aspen (or a duly authorized official in his or her absence).
24. Illegal Aliens -CRS 8-17.5-101 & 24-76.5-101.
a. Purpose. During the 2006 Colorado legislative session, the Legislature
passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that
added new statutes relating to the employment of and contracting with illegal aliens.
These new laws prohibit all state agencies and political subdivisions, including the
Owner, from knowingly hiring an illegal alien to perform work under a contract, or to
knowingly contract with a Contractor who knowingly hires with an illegal alien to
perform work under the contract. The new laws also require that all contracts for services
include certain specific language as set forth in the statutes. The following terms and
conditions have been designed to comply with the requirements of this new law.
b. Definitions. The following terms are defined in the new law and by this
reference are incorporated herein and in any contract for services entered into with the
Owner.
1. "E-verify program" means the electronic employment verification
program created in Public Law 208, 104th Congress, as amended, and expanded
in Public Law 156, 108th Congress, as amended, that is jointly administered by
the United States Department of Homeland Security and the social security
Administration, or its successor program.
2. "Department program" means the employment verification program
established pursuant to Section 8-17.5-102(5)(c).
3. "Public Contract for Services" means this Agreement.
4., "Services" means the famishing of labor, time, or effort by a
Contractor or a subcontractor not involving the delivery of a specific end product
other than reports that are merely incidental to the required performance.
c. By signing this document, Contractor certifies and represents that at this
time:
1. Contractor shall confirm the employment eligibility of all
employees who are newly hired for employment to perform work under the public
contract for services; and
2. Contractor has participated or attempted to participate in either the
e-verify program or the department program in order to verify that new employees
are not illegal aliens.
d. Contractor hereby confirms that:
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1. Contractor shall not knowingly employ or contract with an illegal
alien to perform work under the Public Contract for Services.
2. Contractor shall not enter into a contract with a subcontractor that
fails to certify to the Contractor that the subcontractor shall not knowingly employ
or contract with an illegal alien to perform work under the Public Contract for
Services.
3. Contractor has confirmed the employment eligibility of all
employees who are newly hired for employment to perform work under the public
contract for services through participation in either the e-verify program or the
department program.
4. Contractor shall not use the either the e-verify program or the
department program procedures to undertake pre-employment screening of job
applicants while the Public Contract for Services is being performed.
5. If Contractor obtains actual knowledge that a subcontractor
performing work under the Public Contract for Services knowingly employs or
contracts with an illegal alien, Contractor shall:
i. Notify such subcontractor and the Owner within three days
that Contractor has actual knowledge that the subcontractor is employing
or subcontracting with an illegal alien; and
ii. Terminate the subcontract with the subcontractor if within
three days of receiving the notice required pursuant to this section the
subcontractor does not stop employing or contracting with the illegal
alien; except that Contractor shall not terminate the Public Contract for
Services with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien.
6. Contractor shall comply with any reasonable request by the
Colorado Department of Labor and Employment made in the course of an
investigation that the Colorado Department of Labor and Employment undertakes
or is undertaking pursuant to the authority established in Subsection 8-17.5-102
(5), C.R.S.
7. If Contractor violates any provision of the Public Contract for
Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the
Owner may terminate this Agreement. If this Agreement is so terminated,
Contractor shall be liable for actual damages to the Owner arising out of
Contractor's violation of Subsection 8-17.5-102, C.R.S.
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25. General Terms.
(a) It is agreed that neither the Service Agreement nor any of its terms,
provisions, conditions, representations orcovenants can be modified, changed, terminated
or amended, waived, superseded or extended except by appropriate written instrument
fully executed by the parties.
(b) If any of the provisions of the Service Agreement shall be held
invalid, illegal or unenforceable it shall not affect or impair the validity, legality or
enforceability of any other provision.
(c) The parties acknowledge and understand that there are no
conditions or limitations to this understanding except those as contained herein at the
time of the execution hereof and that after execution no alteration, change or modification
shall be made except upon a writing signed by the parties.
(d) The Service Agreement shall be governed by the laws of the State of
Colorado as from time to time in effect.
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SERVICE AGREEMENT
THIS AGREEMENT made this 23rd day of November , 2009, by and between the
City of Aspen ("City") and the Contractor identified hereinbelow.
WITNESSETH, that whereas the City wishes to purchase the services described
hereinbelow and Contractor wishes to provide said services to the City as specified herein.
NOW THEREFORE, in consideration of the following covenants, the parties agree as
follows:
CONTRACTOR
NAME: Aspen Gymnastics, LLC,
ADDRESS:P 0 Box12064 Aspen, CO 81612
CONTACT PERSON: John Bakken
PHONE NUMBERS: HOME: WORK: 970-309-4855
SOCIAL SECURITY NUMBER OR FEDERAL I.D. NUMBER:
DESCRIPTION OF SERVICE
Recreational Gymnastics Program to include but not limited to: instructional classes, team workouts,
accompanying of teams to meets, recommendations of new equipment purchases, proper use and
maintenance of equipment, hiring of additional Instructors as needed and appropriate training as needed.
Responsible for all necessary affiliations and certifications needed to safely maintain a gymnastics program.
DURATION OF AGREEMENT AND SCHEDULE OF SERVICESTO BE PROVIDED
This agreement shall run consecutive years beginning September 1, 2009. The agreement shall
automatically renew annually unless changes are in writing, dated, and signed by each party. This
agreement may be terminated in writing with 60 days prior written notice to the other party. The schedule
of services may be flexible to accommodate demand.
DESCRIPTION OF AMOUNT, METHOD OR MANNER OF COMPENSATION
Aspen Gymnastics, LLC shall be responsible for the operation of the Gymnastics program located at the Red
Brick Arts and Recreation Center. This includes registration, collection of monies, and payment to
instructors. Fees for services will be established by Aspen Gymnastics, LLC. Registration will be approved by
the City of Aspen Recreation Diwslon , ,`~,,,,,, , ~ „ ~~~U"~'"
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Council shall not unreasonably withhold its approval of any increase proposed by Aspen Gymnastics above
and beyond the 5~ or CPI calculation if it can be shown to the satisfaction of the Aspen City Council, in its
sole discretion, that the changes in fees are warranted due to an increase in operational costs of providing
gymnastics programming as set forth in this Agreement. The City of Aspen will charge Aspen Gymnastics,
LLC $25.00 per hour for use of the gym to be reevaluated annually and subject to CPI increase (See Exhibit
"A"). The City of Aspen shall provide the Gymnastics program space and supply and maintain the
equipment.
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SERVICE AGREEMENT
THIS AGREEMENT made this 23rd day of November , 2009, by and between the
City of Aspen ("City")and the Contractor identified hereinbelow.
WITNESSETH, that whereas the City wishes to purchase the services described
hereinbelow and Contractor wishes to provide said services to the City as specified herein.
NOW THEREFORE, in consideration of the following covenants, the parties agree as
follows:
CONTRACTOR
NAME: Aspen Gymnastics, LLC,
ADDRESS: P O Box 12064 Aspen, CO 81612
CONTACT PERSON:1ohn Bakken
PHONE NUMBERS: HOME: WORK: 970-309-4855
SOCIAL SECURITY NUMBER OR FEDERAL I.D. NUMBER:
DESCRIPTION OF SERVICE
Recreational Gymnastics Program to include but not limited to: instructional classes, team workouts,
accompanying of teams to meets, recommendations of new equipment purchases, proper use and
maintenance of equipment, hiring of additional Instructors as needed and appropriate training as needed.
Responsible for all necessary affiliations and certifications needed to safely maintain a gymnastics program.
DURATION OF AGREEMENT AND SCHEDULE OF SERVICES TO BE PROVIDED
This agreement shall run consecutive years beginning September 1, 2009. The agreement shall
automatically renew annually unless changes are in writing, dated, and signed by each party. This
agreement may be terminated in writing with 60 days prior written notice to the other party. The schedule
of services may be flexible to accommodate demand.
DESCRIPTION OF AMOUNT, METHOD OR MANNER OF
Aspen Gymnastics, LLC shall be responsible for the operation of the Gymnastics program located at the Red
Brick Arts and Recreation Center. This includes registration, collection of monies, and payment to
instructors. Fees for services will be established by Aspen Gymnastics, LLC. Registration will be approved by
the City of Aspen Recreation Division. All changes to the fees charged by Aspen Gymnastics LLC shall be
allowable up to S% or according to the percentage change in the Consumer Price Index -Urban ("CPI"),
calculated as described in Exhibit "A" herein; whichever is greater. Any increases above and beyond this
established limit shall be approved by the Aspen City Council before they are implemented. The City
Council shall not unreasonably withhold its approval of any increase proposed by Aspen Gymnastics above
and beyond the S~ or CPI calculation if it can be shown to the satisfaction of the Aspen City Council, in its
sole discretion, that the changes in fees are warranted due to an increase in operational costs of providing
gymnastics programming as set forth in this Agreement. The City of Aspen will charge Aspen Gymnastics,
LLC $25.00 per hour for use of the gym to be reevaluated annually and subject to CPI increase (See Exhibit
"A"). The City of Aspen shall provide the Gymnastics program space and supply and maintain the
equipment.
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SCHEDULING OF RED BRICK GYM
Aspen Gymnastics, LLC and the City of Aspen will schedule the use of the Red Brick Gym on a monthly basis.
All schedule changes must be approved the Red Brick staff five days prior to the change, including private
lessons. Gymnastics clinics and gymnastics meets must be scheduled and approved by the Red Brick staff
two months prior to the events.
Additional Gym time: The City agrees to make available to Aspen Gymnastics, if they request, any
additional time that is not scheduled for any other activities. The same rates will apply. The City reserves
the right, no matter who has rented or contracted for the gym, to use the gym for what the City determines
is the highest and best use. If Aspen Gymnastics gym time is allocated to others, the City may offer
alternative gym time or compensation. Reasonable notice will be provided regarding changes in gym
allocations.
Aspen Gymnastics will notify the City for any gym time that they will not need for the following Monday
through Sunday by Thursday at noon of every week. If the City is able to rent the gym to another user
group, Aspen Gymnastics will not be charged for that gym time. If both the City and Aspen Gymnastics
determine that the gym time cannot be utilized due to circumstances beyond the control of either entity,
then the gym time will not be charged to Aspen Gymnastics.
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Please invoice usin¢ Citv's Purchase Order Number:
AMENDMENTS TO GENERAL CONDITIONS
Exhibit "A"
Gymnastics Equipment
1 - Stratum Floor Exercise system and carpet
1 - Power Trak Trampline
1 - Standard Trampoline
1 - All Elite Uneven Bars
1 - AAI Uneven Bars
1 - AAI Elite Beam
3 - AAI Standard Beams
2 - Low Beams
1 - AAI Vault Table
5 - 16 inch Carolina Resi Mats
1 - 8x16 Resi Mat (extra large)
2 - 5x10 Resi Mats
9 - Sx10x8 landing mats
4 - 7x16 Beam Mats
5 - 7x12 Bar Mats
4 - 5x8 Mini Bar Mats
10- Panel Mats
5 - Sting Mats
1 - New Vault Board
3 - Old Vault Boards
1 - Set Norbert Spotting Blocks
1 - Vault Runway
1 - Vault Zone Safety Mat
1 - Power Trak Vault
2 - Sets of Rings/webbing/cables
1 - Old Poma Horse
1 - Old Gym Master Parallel bars
1 - Training Bar
1 - Mini Trampoline
Variety of shaped mats for tots
H:\Red-Yellow Brick\Red Brick\Gymnastics Service Agreement dd~.~oc
The parties acknowledge and understand that this Service Agreement is, except as
specifically amended hereinabove, subject to all of the terms and conditions set forth in
the City of Aspen General Conditions for Service Agreements, a copy of which is appended
hereto as Appendix "A" and by this reference made a part hereof.
Having agreed to the above and foregoing, the parties hereto do affix their signatures.
City of Aspen: ~ ~ Contractor:
By: ~~/J~p+~*..~t By: !!~~ ~O~
~~ ~-4-v~ Titl . 0 ner, Oper tor, Aspen Gymnastics, LLC
Serv-981.doc
H:\Red-Yellow Brick\Red Brick\Gymnastics Service Agreement doFtjoc
EXHIBIT "A"
CALCULATION OF CHANGES IN URBAN INDEX
The term "Urban Index' used herein shall refer to the consumer Price Index -All
Urban Consumers (CPI-U), U.S. City Average, All Items (1967 =100) compiled by the
United States Department of Labor, Bureau of Labor Statistics. Byway of identification,
the parties agree that the CPI-U index number for July 1993 = 432.6. If at the time of
computation of rental increases as provided below the Urban Index as defined is not
then being currently published, the parties shall mutually select a substitute index which
has historically approximated the Urban Index as defined. The parties further agree that
the methodology they will use for calculating index changes in the Urban Index is that
described in the instruction sheet from the Bureau of Labor Statistics, U.S. Department
of Labor. which reads as follows:
CALCULATING INDEX CHANGES
Movements of the indexes from one month to another are usually expressed as
percent changes rather than changes in index points, because index point
changes are affected by the level of the index in relation to its base period while
percent changes are not. The example in the accompanying box illustrates the
computation of index point and percent changes.
Percent changes for 3-month and 6-month period are expressed as annual rates
and are computed according to the standard formula for compound growth
rates. These data indicate what the percent change would be if the current rate
were maintained fora 12-month period.
INDEX POINT CHANGE
CPI
Less previous index
Equals index point change
PERCENT CHANGE
Index Point difference
Divided by the previous index
Equals
Results multiplied by one hundred
Equals percent change
315.5
303.5
12.0
12.0
303.5
0.040
0.040 x 100
4.0
H:\Red-Yellow Brick\Red Brick\Gymnastics Service Agreement dd~.gbc